Wrongful Death

Jun. 24th, 2011   /   , , , ,

Wrongful Death

By legal definition, a wrongful death claim states that the victim has died due to the negligence of anoher and that the victim’s surviving family are entitled to monetary damages to compensate for the improper conduct or negligence that led to the death.

Understandably, when tragedy strikes and a family member dies, it is impossible to think of getting a monetary reward for a death. Florida statutes are also cognizant of this notion, and therefore have imposed a statute of limitation of two years for a wrongful death claim. In other words, if you believe a family member has died due to the negligence of someone else, you have two years to file a lawsuit in regards to that matter.

A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.

In order to sue for wrongful death, it must be proven that the acts or omissions of the defendant were the proximate cause of the decedent’s injuries and death. This means that the defendant’s wrongful conduct must have created a natural, direct series of events that led to the injury.

There is certainly no price to be put on a loved one’s life. Juries have awarded anywhere from a few thousand dollars, to millions of dollars to a family that has had to experience the tragedy of a wrongful death of a family member. People that sue in a wrongful death claim may recover medical and funeral expenses in addition to the amount of economic support they could have received if the decedent had lived and, in some instances, a sum of money to compensate for grief or loss of services or companionship.

Obviously, pursuing a wrongful death claim is inherently emotionally strenuous. However, if someone else caused the death of a loved one, there is no reason not to pursue legal recourse against that person.

If you have a possible wrongful death claim, do not hesitate to call our office. We are here to help and provide you with the legal advice and representation that may assist you and your family.

If you have any questions or comments, please call our office at 561-266-9191 or email us at daronberg@aronberglaw.com.

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